Anyone have a link to the full text of this "judges" opinion?
http://www.ca11.uscourts.gov/opinions/ops/200511628reh2.pdf
His point is that the legislature interfered with the procedures of the courts and they shouldn't. That could be true if it is carried to the point of interfering with the court's ability to function however this law doesn't. If Judge Birch's view were taken to it's conclusion the legislature could never implement the Fourteenth Amendment- only the courts could!
There is a devastating, IMHO, response to Judge Biirch by two other judges..